A. Any public officer of the state or of any district or political subdivision may cause any public records, papers or documents kept by him to be photographed, microphotographed or reproduced on film.
B. The state records administrator shall review any proposed state agency microphotography system and shall advise and consult with the agency. The administrator has the authority to approve or disapprove the system of any state agency.
C. The microphotography system used pursuant to this section shall comply with the minimum standards approved by the New Mexico commission of public records. The microphotography system used to reproduce such records on film shall be one which accurately reproduces the original in all details.
D. The administrator shall establish and maintain an inventory of all microfilm equipment owned or leased by state agencies. The administrator is authorized to arrange the transfer of microphotography equipment from a state agency which does not use it, and which has released it, to a state agency needing such equipment for a current microphotography system.
E. Photographs, microphotographs or photographic film made pursuant to this section shall be deemed to be original records for all purposes, including introduction in evidence in all courts and administrative agencies. A transcript, exemplification or certified copy, for all purposes, shall be deemed to be a transcript, exemplification or certified copy of the original.
F. Whenever such photographs, microphotographs or reproductions on film are properly certified and are placed in conveniently accessible files, and provisions are made for preserving, examining and using them, any public officer may cause the original records from which the photographs or microphotographs have been made, or any part thereof, to be disposed of according to methods prescribed by Sections 14-3-9 through 14-3-11 NMSA 1978. Copies shall be certified by their custodian as true copies of the originals before the originals are destroyed or lost, and the certified copies shall have the same effect as the originals. Copies of public records transferred from the office of origin to the administrator, when certified by the administrator or his deputy, shall have the same legal effect as if certified by the original custodian of the records.
G. For the purposes of this section, "state agency" shall include the district courts.
History: 1953 Comp., § 71-6-15, enacted by Laws 1959, ch. 245, § 15; 1975, ch. 215, § 1; 1977, ch. 301, § 2.
ANNOTATIONSCross references. — For provision that recording "book" includes microfilm, see 14-8-3 NMSA 1978.
Subsection B applies only to governmental organizations which are considered state agencies and not to governmental organizations generally. State institutions are considered to be distinct governmental organizations not included within the term "state agency." State educational institutions, as state institutions, are not therefore considered to be state agencies within the terms of the statute. 1978 Op. Att'y Gen. No. 78-23.
Subsection C standards apply to state educational institutions. — The state records administrator only has the authority to insure that state educational institutions comply with the standards for microphotography established pursuant to Subsection C; the administrator does not have the authority to review and to approve or disapprove the microphotography systems of state educational institutions in their entirety. 1978 Op. Att'y Gen. No. 78-23.
Subsection D applies only to state agencies and not to state educational institutions. 1978 Op. Att'y Gen. No. 78-23.
Section controls microfilming of records by county officials. — Although 14-1-5 NMSA 1978 permits county officials to microfilm the records maintained by them, this section is the more specific statute and is controlling. 1979 Op. Att'y Gen. No. 79-26.
County clerks may microfilm papers kept by them. — County clerks, as public officials of a political subdivision of the state, may microfilm the papers kept by them. 1979 Op. Att'y Gen. No. 79-16.
Administrator has authority to ensure compliance by county officials with the applicable provisions of this section. 1979 Op. Att'y Gen. No. 79-26.
Subsections A, C, E, and F are applicable to county officials and the microphotography undertaken by them. 1979 Op. Att'y Gen. No. 79-26.
Subsections B, D, G and 14-3-17 NMSA 1978 apply only to state agencies and not to counties or other governmental organizations. 1979 Op. Att'y Gen. No. 79-26.
Procedure where public officer offers his records to state after microfilming. — If any public officer sees fit to offer his records to the state records administrator, after microfilming them, then the procedure to determine the disposition of the records is exactly as outlined in 14-3-9 NMSA 1978, with the state records administrator surveying the records involved and determining, in conjunction with the attorney general and the agency official involved, what disposition shall be made of them. 1960 Op. Att'y Gen. No. 60-179.
Destruction of original records without action by records administrator. — If microfilmed and certified pursuant to this section, originals of records, including newspapers kept by county clerks, may be destroyed without any action on the part of the records administrator. 1979 Op. Att'y Gen. No. 79-16.
County officials are not required to comply with specific terms of 14-3-9 through 14-3-11 NMSA 1978, when they destroy the records kept by them. 1979 Op. Att'y Gen. No. 79-16.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 29A Am. Jur. 2d Evidence § 1121 et seq.
32A C.J.S. Evidence § 834 et seq.